What is the purpose of the Conflict Tribunal?

The primary role of the Conflict Tribunal is to determine whether a case should be tried by the courts. administrative courts or by judicial courts.

However, if the court or tribunal and the administrative court make decisions contradictory for the same dispute, the Conflict Tribunal may retry the case itself. It can also order compensation for damage caused by lengthy proceedings.

You can take the matter to the Conflict Tribunal if you are in one of the following situations:

• An administrative court and a judicial court all declare themselves incompetent and refuse to try your case. This is called negative conflict. For example, a court declares itself incompetent and, subsequently, an administrative court hearing the same case considers itself incompetent.
• An administrative court and a judicial court have each given a decision on the same case and the two decisions are contradictory. This is a conflict of decisions. For example, a disagreement between an administrative tribunal and a court on your compensation.
• You have brought proceedings before a court of law and an administrative court for the same dispute (between the same people). However, you consider that the time taken to bring proceedings before these courts is excessive. You can then apply to the Conflict Tribunal for compensation.
  However, you must first make a written complaint to the Minister of Justice. If you do not receive a response within 2 months or if your complaint is rejected by the Ministry of Justice, you can refer the matter to the Dispute Tribunal.

In order to bring a case before the Conflict Tribunal, you must send a request explaining the reasons for your request.

The assistance of a lawyer to the Council of State and the Court of Cassation is compulsory.

Dispute Tribunal decisions cannot be reviewed call, or a appeal in cassation.